Categorization of felonies and misdemeanors; exemptions

(A) Felonies are classified, for the purpose of sentencing, into the following six categories: (1) Class A felonies (2) Class B felonies (3) Class C felonies (4) Class D felonies (5) Class E felonies (6) Class F felonies (B) Misdemeanors are classified, for the purpose of sentencing, into the following three categories: (1) Class A misdemeanors (2) Class B misdemeanors (3) Class C misdemeanors (C) All offenses with a term of imprisonment of less than one year are misdemeanors and exempt from the classification system. (D) The following offenses are classified as exempt under subsections (A) and (B): 10-11-325(B)(1) Detonating an explosive or destructive device or igniting an incendiary device upon the capitol grounds or within the capitol building resulting in death of a person where there was malice aforethought 12-21-6000(B) Possessing marijuana or controlled substances without appropriate stamps 16-1-40 Accessory before the fact 16-3-10 Murder 16-3-80 Fentanyl-induced homicide 16-3-85(C)(1) Causing the death of a child by abuse or neglect 16-3-210(B) Assault and battery by mob in the first degree 16-3-655(C)(1) Engaging in Criminal Sexual Conduct with a minor in the First Degree 16-3-910 Kidnapping (if sentenced for murder) 16-3-1083(A)(2)(a) Violent crime that carries the death of, or bodily injury to in utero child 16-3-1280 False claim 16-3-2020(B)(3) Trafficking in persons—3rd or subsequent offense 16-7-10 Acts considered unlawful in area designated by Governor in emergency—looting 16-7-10(A)(2) Looting during state of emergency 16-7-425 Student communicating physical threats against another person 16-9-290 Accepting bribes for purposes of procuring public office 16-11-311(B) Burglary—First degree 16-11-370 Robbery of operators of vehicles for hire 16-11-580(C)(1) Forest products violation (value more than $1,000 but less than $5,000) 1st offense 16-11-580(D)(1) Forest products violation (value at least $5,000)—1st offense 16-11-740(B)(2)(a) Wilful and malicious injury to telegraph, telephone, or electric utility system—damage amount less than $10,000 16-11-740(B)(2)(b) Wilful and malicious injury to telegraph, telephone, or electric utility system—damage amount is at least $10,000 but less than $25,000 16-11-740(B)(2)(c) Wilful and malicious injury to telegraph, telephone, or electric utility system—damage amount is $25,000 or more 16-13-80 Larceny of a bicycle valued more than $2,000 16-13-165(B)(5) Persons who unknowingly and unintentionally import, manufactures, sells, offers for sale, installs, leases, trades, or transfers a counterfeit or nonfunctioning airbag 16-15-20 Incest 16-15-100(D)(3) Promoting prostitution—2nd offense 16-15-110(C)(3) Soliciting prostitution—third or subsequent offense 16-17-425 Student communicating physical threats against another person 16-17-735 False assertion of authority of law, in attempt to intimidate or hinder state or local official in discharge of duties, by threats or use of sham legal process. 16-23-715(1) Use of weapons of mass destruction resulting in death 16-23-715(2) Use of weapons of mass destruction not resulting in death 16-23-720(A)(1) Detonating a destructive device or causing an explosion, or aiding, counseling, or procuring an explosion by means of detonation of a destructive device which results in death of a person where there was malice aforethought 23-3-470(B) (1) Failure of sex offender to register—First offense 23-3-470(B) (2) Failure of sex offender to register—Second offense 23-36-170(c), (d) Penalty (violation of South Carolina Explosives Control Act) 23-3-650(C) Willful disclosure of certain information contained in State DNA Database to a person not entitled to receive it 23-3-650(D) Willfully obtaining DNA information contained in State DNA Database without authorization Third, fourth, or subsequent offenses 24-3-580(C) Disclosing the identity of an execution team member 24-13-430(A) Inciting prisoners to riot 25-1-2957 Recklessly endangering the life of another 25-7-30 Giving information respecting national or state defense to foreign contacts during war 38-25-330 Violation of a provision contained in the provisions relating to the unauthorized transaction of insurance business 38-41-20 Multiple employer self-insured health plan transacting business without a license 39-15-1190(C) Knowing and willfully using an object or tool to produce or reproduce a counterfeit mark or possessing an object with intent to produce or reproduce a counterfeit mark 39-22-90(A)(8) State warehouse system violation 40-55-170(A) Practicing psychology without being licensed as required by chapter 44-4-530(C) Failure of persons subject to quarantine to comply 44-4-530(D) Entry into isolation or quarantine are by unauthorized person 44-41-630(B) Performing or inducing an abortion where the unborn has a fetal heartbeat 44-41-640(B)(4)(b) Performing an abortion that is not necessary to save the mother's life 44-41-650(B) Performing, inducing, or attempting to perform or induce an abortion on a pregnant woman before a physician determines whether the fetus has a detectable heartbeat 44-41-650(C) Performing an abortion on a woman who is not the victim of rape or incest 44-41-660(C) Performing an abortion on a woman where an alleged fetal anomaly does not exist 44-41-680(D) Performing, inducing, or attempting to perform or induce an abortion on a pregnant woman with the intent of terminating the fetus has a detectable heartbeat 44-53-370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds) Third or subsequent offenses 44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds) 44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 pounds or more, but less than 10,000 pounds) 44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in marijuana, 10,000 pounds of marijuana or more) 44-53-370(e)(2)(a)3 Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams) Third or subsequent offense 44-53-370(e)(2)(b)3 Prohibited Acts A, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams) 44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100 grams or more, but less than 200 grams) 44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200 grams or more, but less than 400 grams) 44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400 grams or more) 44-53-370(e)(3)(a)2 Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams) Second or subsequent offense 44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in illegal drugs, 14 grams or more, but less than 28 grams) 44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegal drugs, 28 grams or more) 44-53-370(e)(4)(a)2 Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams) Second or subsequent offense 44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in methaqualone, 150 grams but less than 1,500 grams) 44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone) 44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone, 15 kilograms or more) 44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000 dosage units or more) 44-53-370(e)(9)(a)1 Trafficking in fentanyl 4 grams or more, but less than 14 grams—first offense 44-53-370(e)(9)(a)2 Trafficking in fentanyl 4 grams or more, but less than 14 grams—second or subsequent offense 44-53-370(e)(9)(b) Trafficking in fentanyl 14 grams or more, but less than 28 grams 44-53-370(e)(9)(c) Trafficking in fentanyl 28 grams or more 44-53-375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams Third or subsequent offense 44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams Third or subsequent offense 44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams 44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams 44-53-375(C)(5) Trafficking in ice, crank, or crack cocaine 400 grams or more 44-53-420 Attempting or conspiring to commit an offense made unlawful by Title 44, Chapter 53, Article 3 46-9-90 State Pest Commission violation, second offense 46-21-655 Seed certification violations 47-3-950 Wrongfully obtaining or exerting unauthorized control over a guide dog or service animal 47-19-120(a) Interference with person performing official duties under chapter concerning Poultry Products Inspection Law (Violation of Sections 47-19-70 through 47-19-110) 50-11-105(E) Violation of statute or regulations regarding wildlife disease control and euthanasia 56-5-2780(B)(1) Unlawfully passing a stopped school bus where great bodily injury results 56-5-2947 Child endangerment 56-5-5670(H)(1) Unlawful disposal of a vehicle—2nd or subsequent offense 56-5-5670(H)(2) Falsifying information on an application, form, or affidavit required for the disposal of a vehicle 56-5-5945(H)(1) Unlawful disposal of a vehicle—2nd or subsequent offense 56-5-5945(H)(2) Falsifying information on an application, form, or affidavit required for the disposal of a vehicle 56-15-590 Failure of a motor vehicle auction to keep required records or make them available for inspection 56-15-870 Injuring a railroad or a electric railway 58-17-4090 Death that results from obstructing a railroad 63-11-90 Violations of provisions contained in Title 63, Chapter 11, Article 1 63-13-170 Violation of childcare facilities requirements 63-13-1080 Childcare operator refusing inspection and violating fire and health safety requirements